The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

To amend sections 109.54, 2151.414, 2151.419,
2901.13, 2905.32, 2907.22, 2907.24, 2929.01,
2937.11, 2950.01, 2951.041, and 3319.073 and to
enact sections 149.435, 2907.19, and 2927.17 of
the Revised Code to authorize a judge or
magistrate to order the testimony of a minor
victim of trafficking in persons to be taken by
closed circuit television equipment under certain
circumstances; to generally prohibit the
disclosure of names or other information in a
routine police report that is highly likely to
identify an alleged delinquent child arrestee who
is abused and under 18; to specify that a public
children services agency or private child
placement agency is not required to make
reasonable efforts to prevent the removal of a
child from the child's home, eliminate the
continued removal of a child from the child's
home, or return a child to the child's home and
that a court find that a child cannot be placed
with either parent under specified circumstances;
to enact the offense of commercial sexual
exploitation of a minor; to remove the element of
"compulsion" from the offense of trafficking in
persons when a minor under 16 years of age or
developmentally disabled person or in certain
circumstances a minor who is 16 or 17 years of age
is recruited or otherwise obtained or held to
engage in certain specified sexual, nudity, or
obscenity related activities and to modify the
definition of human trafficking in a similar
manner; to increase the penalty for soliciting
when the person solicited is a minor or a
developmentally disabled person in specified
circumstances; to require offenders convicted of
solicitation when the person solicited is a minor
or a developmentally disabled person in specified
circumstances to register as sex offenders; to
allow a victim of trafficking in persons to be
eligible for intervention in lieu of conviction;
to confirm and continue the amendments to sections
2901.13, 2907.22, and 3319.073 of the Revised Code
regarding the period of limitations for
trafficking in persons prosecutions, elements of
the offense of promoting prostitution, and
inclusion of human trafficking content in school
safety and violence prevention training that were
made in Am. Sub. H.B. 59 of the 130th General
Assembly; to prohibit certain advertising related
to massage, massage techniques or methods, or
related services with the suggestion or promise of
sexual activity; and to declare an emergency.

Sec. 109.54. (A) The bureau of criminal identification and
investigation may investigate any criminal activity in this state
that is of statewide or intercounty concern when requested by
local authorities and may aid federal authorities, when requested,
in their investigation of any criminal activity in this state. The
bureau may investigate any criminal activity in this state related
to the conduct of elections when requested by the secretary of
state. The bureau may investigate any criminal activity in this
state involving drug abuse or illegal drug distribution prohibited
under Chapter 3719. or 4729. of the Revised Code or any violation
of section 2915.02 of the Revised Code. The superintendent and any
agent of the bureau may participate, as the director of an
organized crime task force established under section 177.02 of the
Revised Code or as a member of the investigatory staff of a task
force established under that section, in an investigation of
organized criminal activity anywhere within this state under
sections 177.01 to 177.03 of the Revised Code.

(B) The bureau may provide any trained investigative
personnel and specialized equipment that are requested by any
sheriff or chief of police, by the authorized designee of any
sheriff or chief of police, or by any other authorized law
enforcement officer to aid and assist the officer in the
investigation and solution of any crime or the control of any
criminal activity occurring within the officer's jurisdiction.
This assistance shall be furnished by the bureau without
disturbing or impairing any of the existing law enforcement
authority or the prerogatives of local law enforcement authorities
or officers. Investigators provided pursuant to this section, or
engaged in an investigation pursuant to section 109.83 of the
Revised Code, may go armed in the same manner as sheriffs and
regularly appointed police officers under section 2923.12 of the
Revised Code.

(C)(1) The bureau shall obtain recording equipment that can
be used to record depositions of the type described in division
(A) of section 2152.81 and division (A) of section 2945.481 of the
Revised Code, or testimony of the type described in division (D)
of section 2152.81 and division (D) of section 2945.481 or in
division (C) of section 2937.11 of the Revised Code, shall obtain
closed circuit equipment that can be used to televise testimony of
the type described in division (C) or (D) of section 2152.81 and
division (C) of section 2945.481 or in division (B) of section
2937.11 of the Revised Code, and shall provide the equipment, upon
request, to any court for use in recording any deposition or
testimony of one of those types or in televising the testimony in
accordance with the applicable division.

(2) The bureau shall obtain the names, addresses, and
telephone numbers of persons who are experienced in questioning
children in relation to an investigation of a violation of section
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an
offense of violence and shall maintain a list of those names,
addresses, and telephone numbers. The list shall include a
classification of the names, addresses, and telephone numbers by
appellate district. Upon request, the bureau shall provide any
county sheriff, chief of police, prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
with the name, address, and telephone number of any person
contained in the list.

Sec. 149.435. (A) As used in this section:

(1) "Abused child" has the same meaning as in section
2151.031 of the Revised Code.

(2) "Confidential law enforcement investigatory record" has
the same meaning as in section 149.43 of the Revised Code.

(3) "Law enforcement agency" means a municipal or township
police department, the office of a sheriff, the state highway
patrol, federal law enforcement, a county prosecuting attorney,
the office of the United States attorney, or a state or local
governmental body that enforces criminal laws and that has
employees who have a statutory power of arrest.

(4) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.

(5) "Routine factual report" means a police blotter, arrest
log, incident report, or other record of events maintained in
paper, electronic, or other form by a law enforcement agency,
other than a confidential law enforcement investigatory record.

(B)(1) Except as provided in division (C) of this section, a
law enforcement agency or employee of a law enforcement agency
shall not disclose a name or other information contained in a
routine factual report that is highly likely to identify an
alleged delinquent child or arrestee who is also an abused child
and who is under eighteen years of age at the time the report is
created. If the agency or employee does not know whether the
alleged delinquent child or arrestee is an abused child, the
agency or employee shall attempt to determine whether or not the
alleged delinquent child or arrestee is an abused child and shall
not disclose the name or other information before making the
determination.

(2) No person to whom information described in division
(B)(1) of this section is disclosed, and no employer of that
person, shall further disclose that information except as provided
in division (C) of this section.

(C) This section does not prohibit the disclosure of
information described in division (B) of this section to any of
the following:

(1) An employee of a law enforcement agency or a prosecutor
for the purpose of investigating or prosecuting a crime or
delinquent act;

(2) An employee of the department of youth services, a
probation officer, a juvenile court judge, or an employee of a
public children services agency or a county department of job and
family services who is supervising the alleged delinquent child or
arrestee who is also an abused child and who is under eighteen
years of age;

(3) An employee of a law enforcement agency for use in the
employee's defense of a civil or administrative action arising out
of the employee's involvement in the case that gave rise to the
civil or administrative action;

(4) An employee of the attorney general's office responsible
for administering awards of reparations under section 2743.191 of
the Revised Code;

(5) A parent, guardian, or custodian of the alleged
delinquent child or arrestee who is also an abused child and who
is under eighteen years of age or an attorney for such a parent,
guardian, or custodian;

(6) Any other person pursuant to a court order.

Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant
to section 2151.413 of the Revised Code for permanent custody of a
child, the court shall schedule a hearing and give notice of the
filing of the motion and of the hearing, in accordance with
section 2151.29 of the Revised Code, to all parties to the action
and to the child's guardian ad litem. The notice also shall
contain a full explanation that the granting of permanent custody
permanently divests the parents of their parental rights, a full
explanation of their right to be represented by counsel and to
have counsel appointed pursuant to Chapter 120. of the Revised
Code if they are indigent, and the name and telephone number of
the court employee designated by the court pursuant to section
2151.314 of the Revised Code to arrange for the prompt appointment
of counsel for indigent persons.

The court shall conduct a hearing in accordance with section
2151.35 of the Revised Code to determine if it is in the best
interest of the child to permanently terminate parental rights and
grant permanent custody to the agency that filed the motion. The
adjudication that the child is an abused, neglected, or dependent
child and any dispositional order that has been issued in the case
under section 2151.353 of the Revised Code pursuant to the
adjudication shall not be readjudicated at the hearing and shall
not be affected by a denial of the motion for permanent custody.

(2) The court shall hold the hearing scheduled pursuant to
division (A)(1) of this section not later than one hundred twenty
days after the agency files the motion for permanent custody,
except that, for good cause shown, the court may continue the
hearing for a reasonable period of time beyond the
one-hundred-twenty-day deadline. The court shall issue an order
that grants, denies, or otherwise disposes of the motion for
permanent custody, and journalize the order, not later than two
hundred days after the agency files the motion.

If a motion is made under division (D)(2) of section 2151.413
of the Revised Code and no dispositional hearing has been held in
the case, the court may hear the motion in the dispositional
hearing required by division (B) of section 2151.35 of the Revised
Code. If the court issues an order pursuant to section 2151.353 of
the Revised Code granting permanent custody of the child to the
agency, the court shall immediately dismiss the motion made under
division (D)(2) of section 2151.413 of the Revised Code.

The failure of the court to comply with the time periods set
forth in division (A)(2) of this section does not affect the
authority of the court to issue any order under this chapter and
does not provide any basis for attacking the jurisdiction of the
court or the validity of any order of the court.

(B)(1) Except as provided in division (B)(2) of this section,
the court may grant permanent custody of a child to a movant if
the court determines at the hearing held pursuant to division (A)
of this section, by clear and convincing evidence, that it is in
the best interest of the child to grant permanent custody of the
child to the agency that filed the motion for permanent custody
and that any of the following apply:

(a) The child is not abandoned or orphaned, has not been in
the temporary custody of one or more public children services
agencies or private child placing agencies for twelve or more
months of a consecutive twenty-two-month period, or has not been
in the temporary custody of one or more public children services
agencies or private child placing agencies for twelve or more
months of a consecutive twenty-two-month period if, as described
in division (D)(1) of section 2151.413 of the Revised Code, the
child was previously in the temporary custody of an equivalent
agency in another state, and the child cannot be placed with
either of the child's parents within a reasonable time or should
not be placed with the child's parents.

(b) The child is abandoned.

(c) The child is orphaned, and there are no relatives of the
child who are able to take permanent custody.

(d) The child has been in the temporary custody of one or
more public children services agencies or private child placing
agencies for twelve or more months of a consecutive
twenty-two-month period, or the child has been in the temporary
custody of one or more public children services agencies or
private child placing agencies for twelve or more months of a
consecutive twenty-two-month period and, as described in division
(D)(1) of section 2151.413 of the Revised Code, the child was
previously in the temporary custody of an equivalent agency in
another state.

For the purposes of division (B)(1) of this section, a child
shall be considered to have entered the temporary custody of an
agency on the earlier of the date the child is adjudicated
pursuant to section 2151.28 of the Revised Code or the date that
is sixty days after the removal of the child from home.

(2) With respect to a motion made pursuant to division (D)(2)
of section 2151.413 of the Revised Code, the court shall grant
permanent custody of the child to the movant if the court
determines in accordance with division (E) of this section that
the child cannot be placed with one of the child's parents within
a reasonable time or should not be placed with either parent and
determines in accordance with division (D) of this section that
permanent custody is in the child's best interest.

(C) In making the determinations required by this section or
division (A)(4) of section 2151.353 of the Revised Code, a court
shall not consider the effect the granting of permanent custody to
the agency would have upon any parent of the child. A written
report of the guardian ad litem of the child shall be submitted to
the court prior to or at the time of the hearing held pursuant to
division (A) of this section or section 2151.35 of the Revised
Code but shall not be submitted under oath.

If the court grants permanent custody of a child to a movant
under this division, the court, upon the request of any party,
shall file a written opinion setting forth its findings of fact
and conclusions of law in relation to the proceeding. The court
shall not deny an agency's motion for permanent custody solely
because the agency failed to implement any particular aspect of
the child's case plan.

(D)(1) In determining the best interest of a child at a
hearing held pursuant to division (A) of this section or for the
purposes of division (A)(4) or (5) of section 2151.353 or division
(C) of section 2151.415 of the Revised Code, the court shall
consider all relevant factors, including, but not limited to, the
following:

(a) The interaction and interrelationship of the child with
the child's parents, siblings, relatives, foster caregivers and
out-of-home providers, and any other person who may significantly
affect the child;

(b) The wishes of the child, as expressed directly by the
child or through the child's guardian ad litem, with due regard
for the maturity of the child;

(c) The custodial history of the child, including whether the
child has been in the temporary custody of one or more public
children services agencies or private child placing agencies for
twelve or more months of a consecutive twenty-two-month period, or
the child has been in the temporary custody of one or more public
children services agencies or private child placing agencies for
twelve or more months of a consecutive twenty-two-month period
and, as described in division (D)(1) of section 2151.413 of the
Revised Code, the child was previously in the temporary custody of
an equivalent agency in another state;

(d) The child's need for a legally secure permanent placement
and whether that type of placement can be achieved without a grant
of permanent custody to the agency;

(e) Whether any of the factors in divisions (E)(7) to (11) of
this section apply in relation to the parents and child.

For the purposes of division (D)(1) of this section, a child
shall be considered to have entered the temporary custody of an
agency on the earlier of the date the child is adjudicated
pursuant to section 2151.28 of the Revised Code or the date that
is sixty days after the removal of the child from home.

(2) If all of the following apply, permanent custody is in
the best interest of the child, and the court shall commit the
child to the permanent custody of a public children services
agency or private child placing agency:

(a) The court determines by clear and convincing evidence
that one or more of the factors in division (E) of this section
exist and the child cannot be placed with one of the child's
parents within a reasonable time or should not be placed with
either parent.

(b) The child has been in an agency's custody for two years
or longer, and no longer qualifies for temporary custody pursuant
to division (D) of section 2151.415 of the Revised Code.

(c) The child does not meet the requirements for a planned
permanent living arrangement pursuant to division (A)(5) of
section 2151.353 of the Revised Code.

(d) Prior to the dispositional hearing, no relative or other
interested person has filed, or has been identified in, a motion
for legal custody of the child.

(E) In determining at a hearing held pursuant to division (A)
of this section or for the purposes of division (A)(4) of section
2151.353 of the Revised Code whether a child cannot be placed with
either parent within a reasonable period of time or should not be
placed with the parents, the court shall consider all relevant
evidence. If the court determines, by clear and convincing
evidence, at a hearing held pursuant to division (A) of this
section or for the purposes of division (A)(4) of section 2151.353
of the Revised Code that one or more of the following exist as to
each of the child's parents, the court shall enter a finding that
the child cannot be placed with either parent within a reasonable
time or should not be placed with either parent:

(1) Following the placement of the child outside the child's
home and notwithstanding reasonable case planning and diligent
efforts by the agency to assist the parents to remedy the problems
that initially caused the child to be placed outside the home, the
parent has failed continuously and repeatedly to substantially
remedy the conditions causing the child to be placed outside the
child's home. In determining whether the parents have
substantially remedied those conditions, the court shall consider
parental utilization of medical, psychiatric, psychological, and
other social and rehabilitative services and material resources
that were made available to the parents for the purpose of
changing parental conduct to allow them to resume and maintain
parental duties.

(2) Chronic mental illness, chronic emotional illness, mental
retardation, physical disability, or chemical dependency of the
parent that is so severe that it makes the parent unable to
provide an adequate permanent home for the child at the present
time and, as anticipated, within one year after the court holds
the hearing pursuant to division (A) of this section or for the
purposes of division (A)(4) of section 2151.353 of the Revised
Code;

(3) The parent committed any abuse as described in section
2151.031 of the Revised Code against the child, caused the child
to suffer any neglect as described in section 2151.03 of the
Revised Code, or allowed the child to suffer any neglect as
described in section 2151.03 of the Revised Code between the date
that the original complaint alleging abuse or neglect was filed
and the date of the filing of the motion for permanent custody;

(4) The parent has demonstrated a lack of commitment toward
the child by failing to regularly support, visit, or communicate
with the child when able to do so, or by other actions showing an
unwillingness to provide an adequate permanent home for the child;

(5) The parent is incarcerated for an offense committed
against the child or a sibling of the child;

(6) The parent has been convicted of or pleaded guilty to an
offense under division (A) or (C) of section 2919.22 or under
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the
Revised Code, and the child or a sibling of the child was a victim
of the offense, or the parent has been convicted of or pleaded
guilty to an offense under section 2903.04 of the Revised Code, a
sibling of the child was the victim of the offense, and the parent
who committed the offense poses an ongoing danger to the child or
a sibling of the child.

(7) The parent has been convicted of or pleaded guilty to one
of the following:

(a) An offense under section 2903.01, 2903.02, or 2903.03 of
the Revised Code or under an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense was a sibling of the child or the victim was
another child who lived in the parent's household at the time of
the offense;

(b) An offense under section 2903.11, 2903.12, or 2903.13 of
the Revised Code or under an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the child, or
another child who lived in the parent's household at the time of
the offense;

(c) An offense under division (B)(2) of section 2919.22 of
the Revised Code or under an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to the offense described in that section and the child,
a sibling of the child, or another child who lived in the parent's
household at the time of the offense is the victim of the offense;

(d) An offense under section 2907.02, 2907.03, 2907.04,
2907.05, or 2907.06 of the Revised Code or under an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to an offense described in those
sections and the victim of the offense is the child, a sibling of
the child, or another child who lived in the parent's household at
the time of the offense;

(e) An offense under section 2905.32, 2907.21, or 2907.22 of
the Revised Code or under an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to the offense described in that section and the victim
of the offense is the child, a sibling of the child, or another
child who lived in the parent's household at the time of the
offense;

(f) A conspiracy or attempt to commit, or complicity in
committing, an offense described in division (E)(7)(a) or, (d), or
(e) of this section.

(8) The parent has repeatedly withheld medical treatment or
food from the child when the parent has the means to provide the
treatment or food, and, in the case of withheld medical treatment,
the parent withheld it for a purpose other than to treat the
physical or mental illness or defect of the child by spiritual
means through prayer alone in accordance with the tenets of a
recognized religious body.

(9) The parent has placed the child at substantial risk of
harm two or more times due to alcohol or drug abuse and has
rejected treatment two or more times or refused to participate in
further treatment two or more times after a case plan issued
pursuant to section 2151.412 of the Revised Code requiring
treatment of the parent was journalized as part of a dispositional
order issued with respect to the child or an order was issued by
any other court requiring treatment of the parent.

(10) The parent has abandoned the child.

(11) The parent has had parental rights involuntarily
terminated with respect to a sibling of the child pursuant to this
section or section 2151.353 or 2151.415 of the Revised Code, or
under an existing or former law of this state, any other state, or
the United States that is substantially equivalent to those
sections, and the parent has failed to provide clear and
convincing evidence to prove that, notwithstanding the prior
termination, the parent can provide a legally secure permanent
placement and adequate care for the health, welfare, and safety of
the child.

(12) The parent is incarcerated at the time of the filing of
the motion for permanent custody or the dispositional hearing of
the child and will not be available to care for the child for at
least eighteen months after the filing of the motion for permanent
custody or the dispositional hearing.

(13) The parent is repeatedly incarcerated, and the repeated
incarceration prevents the parent from providing care for the
child.

(14) The parent for any reason is unwilling to provide food,
clothing, shelter, and other basic necessities for the child or to
prevent the child from suffering physical, emotional, or sexual
abuse or physical, emotional, or mental neglect.

(15) The parent has committed abuse as described in section
2151.031 of the Revised Code against the child or caused or
allowed the child to suffer neglect as described in section
2151.03 of the Revised Code, and the court determines that the
seriousness, nature, or likelihood of recurrence of the abuse or
neglect makes the child's placement with the child's parent a
threat to the child's safety.

(16) Any other factor the court considers relevant.

(F) The parents of a child for whom the court has issued an
order granting permanent custody pursuant to this section, upon
the issuance of the order, cease to be parties to the action. This
division is not intended to eliminate or restrict any right of the
parents to appeal the granting of permanent custody of their child
to a movant pursuant to this section.

Sec. 2151.419. (A)(1) Except as provided in division (A)(2)
of this section, at any hearing held pursuant to section 2151.28,
division (E) of section 2151.31, or section 2151.314, 2151.33, or
2151.353 of the Revised Code at which the court removes a child
from the child's home or continues the removal of a child from the
child's home, the court shall determine whether the public
children services agency or private child placing agency that
filed the complaint in the case, removed the child from home, has
custody of the child, or will be given custody of the child has
made reasonable efforts to prevent the removal of the child from
the child's home, to eliminate the continued removal of the child
from the child's home, or to make it possible for the child to
return safely home. The agency shall have the burden of proving
that it has made those reasonable efforts. If the agency removed
the child from home during an emergency in which the child could
not safely remain at home and the agency did not have prior
contact with the child, the court is not prohibited, solely
because the agency did not make reasonable efforts during the
emergency to prevent the removal of the child, from determining
that the agency made those reasonable efforts. In determining
whether reasonable efforts were made, the child's health and
safety shall be paramount.

(2) If any of the following apply, the court shall make a
determination that the agency is not required to make reasonable
efforts to prevent the removal of the child from the child's home,
eliminate the continued removal of the child from the child's
home, and return the child to the child's home:

(a) The parent from whom the child was removed has been
convicted of or pleaded guilty to one of the following:

(i) An offense under section 2903.01, 2903.02, or 2903.03 of
the Revised Code or under an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense was a sibling of the child or the victim was
another child who lived in the parent's household at the time of
the offense;

(ii) An offense under section 2903.11, 2903.12, or 2903.13 of
the Revised Code or under an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the child, or
another child who lived in the parent's household at the time of
the offense;

(iii) An offense under division (B)(2) of section 2919.22 of
the Revised Code or under an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to the offense described in that section and the child,
a sibling of the child, or another child who lived in the parent's
household at the time of the offense is the victim of the offense;

(iv) An offense under section 2907.02, 2907.03, 2907.04,
2907.05, or 2907.06 of the Revised Code or under an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to an offense described in those
sections and the victim of the offense is the child, a sibling of
the child, or another child who lived in the parent's household at
the time of the offense;

(v) An offense under section 2905.32, 2907.21, or 2907.22 of
the Revised Code or under an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to the offense described in those sections and the
victim of the offense is the child, a sibling of the child, or
another child who lived in the parent's household at the time of
the offense;

(vi) A conspiracy or attempt to commit, or complicity in
committing, an offense described in division (A)(2)(a)(i) or,
(iv), or (v) of this section.

(b) The parent from whom the child was removed has repeatedly
withheld medical treatment or food from the child when the parent
has the means to provide the treatment or food. If the parent has
withheld medical treatment in order to treat the physical or
mental illness or defect of the child by spiritual means through
prayer alone, in accordance with the tenets of a recognized
religious body, the court or agency shall comply with the
requirements of division (A)(1) of this section.

(c) The parent from whom the child was removed has placed the
child at substantial risk of harm two or more times due to alcohol
or drug abuse and has rejected treatment two or more times or
refused to participate in further treatment two or more times
after a case plan issued pursuant to section 2151.412 of the
Revised Code requiring treatment of the parent was journalized as
part of a dispositional order issued with respect to the child or
an order was issued by any other court requiring such treatment of
the parent.

(d) The parent from whom the child was removed has abandoned
the child.

(e) The parent from whom the child was removed has had
parental rights involuntarily terminated with respect to a sibling
of the child pursuant to section 2151.353, 2151.414, or 2151.415
of the Revised Code or under an existing or former law of this
state, any other state, or the United States that is substantially
equivalent to those sections.

(3) At any hearing in which the court determines whether to
return a child to the child's home, the court may issue an order
that returns the child in situations in which the conditions
described in divisions (A)(2)(a) to (e) of this section are
present.

(B)(1) A court that is required to make a determination as
described in division (A)(1) or (2) of this section shall issue
written findings of fact setting forth the reasons supporting its
determination. If the court makes a written determination under
division (A)(1) of this section, it shall briefly describe in the
findings of fact the relevant services provided by the agency to
the family of the child and why those services did not prevent the
removal of the child from the child's home or enable the child to
return safely home.

(2) If a court issues an order that returns the child to the
child's home in situations in which division (A)(2)(a), (b), (c),
(d), or (e) of this section applies, the court shall issue written
findings of fact setting forth the reasons supporting its
determination.

(C) If the court makes a determination pursuant to division
(A)(2) of this section, the court shall conduct a review hearing
pursuant to section 2151.417 of the Revised Code to approve a
permanency plan with respect to the child, unless the court issues
an order returning the child home pursuant to division (A)(3) of
this section. The hearing to approve the permanency plan may be
held immediately following the court's determination pursuant to
division (A)(2) of this section and shall be held no later than
thirty days following that determination.

Sec. 2901.13. (A)(1) Except as provided in division (A)(2)
or (3) of this section or as otherwise provided in this section, a
prosecution shall be barred unless it is commenced within the
following periods after an offense is committed:

(a) For a felony, six years;

(b) For a misdemeanor other than a minor misdemeanor, two
years;

(c) For a minor misdemeanor, six months.

(2) There is no period of limitation for the prosecution of a
violation of section 2903.01 or 2903.02 of the Revised Code.

(3) Except as otherwise provided in divisions (B) to (H) of
this section, a prosecution of any of the following offenses shall
be barred unless it is commenced within twenty years after the
offense is committed:

(a) A violation of section 2903.03, 2903.04, 2905.01,
2905.32,2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21,
2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28,
2909.29, 2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the
Revised Code, a violation of section 2903.11 or 2903.12 of the
Revised Code if the victim is a peace officer, a violation of
section 2903.13 of the Revised Code that is a felony, or a
violation of former section 2907.12 of the Revised Code;

(b) A conspiracy to commit, attempt to commit, or complicity
in committing a violation set forth in division (A)(3)(a) of this
section.

(B)(1) Except as otherwise provided in division (B)(2) of
this section, if the period of limitation provided in division
(A)(1) or (3) of this section has expired, prosecution shall be
commenced for an offense of which an element is fraud or breach of
a fiduciary duty, within one year after discovery of the offense
either by an aggrieved person, or by the aggrieved person's legal
representative who is not a party to the offense.

(2) If the period of limitation provided in division (A)(1)
or (3) of this section has expired, prosecution for a violation of
section 2913.49 of the Revised Code shall be commenced within five
years after discovery of the offense either by an aggrieved person
or the aggrieved person's legal representative who is not a party
to the offense.

(C)(1) If the period of limitation provided in division
(A)(1) or (3) of this section has expired, prosecution shall be
commenced for the following offenses during the following
specified periods of time:

(a) For an offense involving misconduct in office by a public
servant, at any time while the accused remains a public servant,
or within two years thereafter;

(b) For an offense by a person who is not a public servant
but whose offense is directly related to the misconduct in office
of a public servant, at any time while that public servant remains
a public servant, or within two years thereafter.

(2) As used in this division:

(a) An "offense is directly related to the misconduct in
office of a public servant" includes, but is not limited to, a
violation of section 101.71, 101.91, 121.61 or 2921.13, division
(F) or (H) of section 102.03, division (A) of section 2921.02,
division (A) or (B) of section 2921.43, or division (F) or (G) of
section 3517.13 of the Revised Code, that is directly related to
an offense involving misconduct in office of a public servant.

(b) "Public servant" has the same meaning as in section
2921.01 of the Revised Code.

(D) An offense is committed when every element of the offense
occurs. In the case of an offense of which an element is a
continuing course of conduct, the period of limitation does not
begin to run until such course of conduct or the accused's
accountability for it terminates, whichever occurs first.

(E) A prosecution is commenced on the date an indictment is
returned or an information filed, or on the date a lawful arrest
without a warrant is made, or on the date a warrant, summons,
citation, or other process is issued, whichever occurs first. A
prosecution is not commenced by the return of an indictment or the
filing of an information unless reasonable diligence is exercised
to issue and execute process on the same. A prosecution is not
commenced upon issuance of a warrant, summons, citation, or other
process, unless reasonable diligence is exercised to execute the
same.

(F) The period of limitation shall not run during any time
when the corpus delicti remains undiscovered.

(G) The period of limitation shall not run during any time
when the accused purposely avoids prosecution. Proof that the
accused departed this state or concealed the accused's identity or
whereabouts is prima-facie evidence of the accused's purpose to
avoid prosecution.

(H) The period of limitation shall not run during any time a
prosecution against the accused based on the same conduct is
pending in this state, even though the indictment, information, or
process that commenced the prosecution is quashed or the
proceedings on the indictment, information, or process are set
aside or reversed on appeal.

(I) The period of limitation for a violation of any provision
of Title XXIX of the Revised Code that involves a physical or
mental wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of a child under eighteen
years of age or of a mentally retarded, developmentally disabled,
or physically impaired child under twenty-one years of age shall
not begin to run until either of the following occurs:

(1) The victim of the offense reaches the age of majority.

(2) A public children services agency, or a municipal or
county peace officer that is not the parent or guardian of the
child, in the county in which the child resides or in which the
abuse or neglect is occurring or has occurred has been notified
that abuse or neglect is known, suspected, or believed to have
occurred.

(J) As used in this section, "peace officer" has the same
meaning as in section 2935.01 of the Revised Code.

(1) The offender knows that the other person will be
subjected to involuntary servitude or be compelled to engage in
sexual activity for hire, engage in a performance that is obscene,
sexually oriented, or nudity oriented, or be a model or
participant in the production of material that is obscene,
sexually oriented, or nudity oriented.

(2) The other person is less than sixteen years of age or is
a developmentally disabled person whom the offender knows or has
reasonable cause to believe is a developmentally disabled person,
and either the offender knows that the other person will be
subjected to involuntary servitude or the offender's knowing
recruitment, luring, enticement, isolation, harboring,
transportation, provision, obtaining, or maintenance of the other
person or knowing attempt to recruit, lure, entice, isolate,
harbor, transport, provide, obtain, or maintain the other person
is for any of the following purposes:

(a) To engage in sexual activity for hire;

(b) To engage in a performance for hire that is obscene,
sexually oriented, or nudity oriented;

(c) To be a model or participant for hire in the production
of material that is obscene, sexually oriented, or nudity
oriented.

(3) The other person is sixteen or seventeen years of age,
either the offender knows that the other person will be subjected
to involuntary servitude or the offender's knowing recruitment,
luring, enticement, isolation, harboring, transportation,
provision, obtaining, or maintenance of the other person or
knowing attempt to recruit, lure, entice, isolate, harbor,
transport, provide, obtain, or maintain the other person is for
any purpose described in divisions (A)(2)(a) to (c) of this
section, and the circumstances described in division (A)(5), (6),
(7), (8), (9), (10), (11), (12), or (13) of section 2907.03 of the
Revised Code apply with respect to the offender and the other
person.

(B) For a prosecution under division (A)(1) of this section,
the element "compelled" does not require that the compulsion be
openly displayed or physically exerted. The element "compelled"
has been established if the state proves that the victim's will
was overcome by force, fear, duress, or intimidation, or fraud.

(C) In a prosecution under this section, proof that the
defendant engaged in sexual activity with any person, or solicited
sexual activity with any person, whether or not for hire, without
more, does not constitute a violation of this section.

(D) A prosecution for a violation of this section does not
preclude a prosecution of a violation of any other section of the
Revised Code. One or more acts, a series of acts, or a course of
behavior that can be prosecuted under this section or any other
section of the Revised Code may be prosecuted under this section,
the other section of the Revised Code, or both sections. However,
if an offender is convicted of or pleads guilty to a violation of
this section and also is convicted of or pleads guilty to a
violation of section 2907.21 of the Revised Code based on the same
conduct involving the same victim that was the basis of the
violation of this section, or is convicted of or pleads guilty to
any other violation of Chapter 2907. of the Revised Code based on
the same conduct involving the same victim that was the basis of
the violation of this section, the two offenses are allied
offenses of similar import under section 2941.25 of the Revised
Code.

(E) Whoever violates this section is guilty of trafficking in
persons, a felony of the first degree. Notwithstanding division
(A)(1) of section 2929.14 of the Revised Code, the court shall
sentence the offender to a definite prison term of ten, eleven,
twelve, thirteen, fourteen, or fifteen years.

(F) As used in this section:

(1) "Developmentally disabled person" means a person whose
ability to resist or consent to an act is substantially impaired
because of a mental or physical condition or because of advanced
age.

(2) "Sexual activity for hire," "performance for hire," and
"model or participant for hire" mean an implicit or explicit
agreement to provide sexual activity, engage in an obscene,
sexually oriented, or nudity oriented performance, or be a model
or participant in the production of obscene, sexually oriented, or
nudity oriented material, whichever is applicable, in exchange for
anything of value paid to any of the following:

(a) The person engaging in such sexual activity, performance,
or modeling or participation;

(b) Any person who recruits, lures, entices, isolates,
harbors, transports, provides, obtains, or maintains, or attempts
to recruit, lure, entice, isolate, harbor, transport, provide,
obtain, or maintain the person described in division (F)(2)(a) of
this section;

(c) Any person associated with a person described in division
(F)(2)(a) or (b) of this section.

(3) "Material that is obscene, sexually oriented, or nudity
oriented" and "performance that is obscene, sexually oriented, or
nudity oriented" have the same meanings as in section 2929.01 of
the Revised Code.

Sec. 2907.19. (A) As used in this section:

(1) "Advertisement for sexual activity for hire" or
"advertisement" means any advertisement or offer in electronic or
print media that includes an explicit or implicit offer for sexual
activity for hire to occur in this state.

(3) "Person" has the same meaning as in section 1.59 of the
Revised Code.

(B) No person shall knowingly purchase or otherwise obtain
advertising space for an advertisement for sexual activity for
hire that includes a depiction of a minor.

(C) Whoever violates this section is guilty of commercial
sexual exploitation of a minor, a felony of the third degree.

(D)(1) In any prosecution under this section, it is not a
defense that the offender did not know the age of the person
depicted in the advertisement, relied on an oral or written
representation of the age of the person depicted in the
advertisement, or relied on the apparent age of the person
depicted in the advertisement.

(2) In any prosecution under this section, it is an
affirmative defense that the offender, prior to purchasing
advertising space for the advertisement, made a reasonable bona
fide attempt to ascertain the true age of the person depicted in
the advertisement by requiring the person depicted in the
advertisement to produce a driver's license, marriage license,
birth certificate, or other government issued or school issued
document that identifies the age of the person, provided the
offender retains and produces a copy or other record of the
driver's license, marriage license, birth certificate, or other
document used to ascertain the age of the person depicted in the
advertisement.

Sec. 2907.22. (A) No person shall knowingly:

(1) Establish, maintain, operate, manage, supervise, control,
or have an interest in a brothel or any other enterprise a purpose
of which is to facilitate engagement in sexual activity for hireor any other enterprise a purpose of which is to facilitate
engagement in sexual activity for hire;

(2) Supervise, manage, or control the activities of a
prostitute in engaging in sexual activity for hire;

(3) Transport another, or cause another to be transported
across the boundary of this state or of any county in this state,
in order to facilitate the other person's engaging in sexual
activity for hire;

(4) For the purpose of violating or facilitating a violation
of this section, induce or procure another to engage in sexual
activity for hire.

(B) Whoever violates this section is guilty of promoting
prostitution. Except as otherwise provided in this division,
promoting prostitution is a felony of the fourth degree. If any
prostitute in the brothel involved in the offense, or the
prostitute whose activities are supervised, managed, or controlled
by the offender, or the person transported, induced, or procured
by the offender to engage in sexual activity for hire, is a minor,
whether or not the offender knows the age of the minor, then
promoting prostitution is a felony of the third degree. If the
offender in any case also is convicted of or pleads guilty to a
specification as described in section 2941.1422 of the Revised
Code that was included in the indictment, count in the indictment,
or information charging the offense, the court shall sentence the
offender to a mandatory prison term as provided in division (B)(7)
of section 2929.14 of the Revised Code and shall order the
offender to make restitution as provided in division (B)(8) of
section 2929.18 of the Revised Code.

Sec. 2907.24. (A)(1) No person shall solicit another who is
eighteen years of age or older to engage with such other person in
sexual activity for hire.

(2) No person shall solicit another to engage with such other
person in sexual activity for hire if the other person is sixteen
or seventeen years of age and the offender knows that the other
person is sixteen or seventeen years of age or is reckless in that
regard.

(3) No person shall solicit another to engage with such other
person in sexual activity for hire if either of the following
applies:

(a) The other person is less than sixteen years of age,
whether or not the offender knows the age of the other person.

(b) The other person is a developmentally disabled person and
the offender knows or has reasonable cause to believe the other
person is a developmentally disabled person.

(B) No person, with knowledge that the person has tested
positive as a carrier of a virus that causes acquired
immunodeficiency syndrome, shall engage in conduct in violation of
division (A) of this section.

(C)(1) Whoever violates division (A) of this section is
guilty of soliciting,. A violation of division (A)(1) of this
section is a misdemeanor of the third degree. A violation of
division (A)(2) of this section is a felony of the fifth degree. A
violation of division (A)(3) of this section is a felony of the
third degree.

(2) Whoever violates division (B) of this section is guilty
of engaging in solicitation after a positive HIV test. If the
offender commits the violation prior to July 1, 1996, engaging in
solicitation after a positive HIV test is a felony of the second
degree. If the offender commits the violation on or after July 1,
1996, engaging in solicitation after a positive HIV test is a
felony of the third degree.

(D) If a person is convicted of or pleads guilty to a
violation of any provision of this section, an attempt to commit a
violation of any provision of this section, or a violation of or
an attempt to commit a violation of a municipal ordinance that is
substantially equivalent to any provision of this section and if
the person, in committing or attempting to commit the violation,
was in, was on, or used a motor vehicle, the court, in addition to
or independent of all other penalties imposed for the violation,
may impose upon the offender a class six suspension of the
person's driver's license, commercial driver's license, temporary
instruction permit, probationary license, or nonresident operating
privilege from the range specified in division (A)(6) of section
4510.02 of the Revised Code. In lieu of imposing upon the offender
the class six suspension, the court instead may require the
offender to perform community service for a number of hours
determined by the court.

(E) As used in this section:

(1) "Developmentally disabled person" has the same meaning as
in section 2905.32 of the Revised Code.

(2) "Sexual activity for hire" means an implicit or explicit
agreement to provide sexual activity in exchange for anything of
value paid to the person engaging in such sexual activity, to any
person trafficking that person, or to any person associated with
either such person.

Sec. 2927.17. (A) No person, by means of a statement,
solicitation, or offer in a print or electronic publication, sign,
placard, storefront display, or other medium, shall advertise
massage, relaxation massage, any other massage technique or
method, or any related service, with the suggestion or promise of
sexual activity.

(B) Whoever violates this section is guilty of unlawful
advertising of massage, a misdemeanor of the first degree.

(C) Nothing in this section prevents the legislative
authority of a municipal corporation or township from enacting any
regulation of the advertising of massage further than and in
addition to the provisions of divisions (A) and (B) of this
section.

(D) As used in this section, "sexual activity" has the same
meaning as in section 2907.01 of the Revised Code.

Sec. 2929.01. As used in this chapter:

(A)(1) "Alternative residential facility" means, subject to
division (A)(2) of this section, any facility other than an
offender's home or residence in which an offender is assigned to
live and that satisfies all of the following criteria:

(a) It provides programs through which the offender may seek
or maintain employment or may receive education, training,
treatment, or habilitation.

(b) It has received the appropriate license or certificate
for any specialized education, training, treatment, habilitation,
or other service that it provides from the government agency that
is responsible for licensing or certifying that type of education,
training, treatment, habilitation, or service.

(2) "Alternative residential facility" does not include a
community-based correctional facility, jail, halfway house, or
prison.

(B) "Basic probation supervision" means a requirement that
the offender maintain contact with a person appointed to supervise
the offender in accordance with sanctions imposed by the court or
imposed by the parole board pursuant to section 2967.28 of the
Revised Code. "Basic probation supervision" includes basic parole
supervision and basic post-release control supervision.

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the
same meanings as in section 2925.01 of the Revised Code.

(D) "Community-based correctional facility" means a
community-based correctional facility and program or district
community-based correctional facility and program developed
pursuant to sections 2301.51 to 2301.58 of the Revised Code.

(E) "Community control sanction" means a sanction that is not
a prison term and that is described in section 2929.15, 2929.16,
2929.17, or 2929.18 of the Revised Code or a sanction that is not
a jail term and that is described in section 2929.26, 2929.27, or
2929.28 of the Revised Code. "Community control sanction" includes
probation if the sentence involved was imposed for a felony that
was committed prior to July 1, 1996, or if the sentence involved
was imposed for a misdemeanor that was committed prior to January
1, 2004.

(F) "Controlled substance," "marihuana," "schedule I," and
"schedule II" have the same meanings as in section 3719.01 of the
Revised Code.

(G) "Curfew" means a requirement that an offender during a
specified period of time be at a designated place.

(H) "Day reporting" means a sanction pursuant to which an
offender is required each day to report to and leave a center or
other approved reporting location at specified times in order to
participate in work, education or training, treatment, and other
approved programs at the center or outside the center.

(I) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised Code.

(J) "Drug and alcohol use monitoring" means a program under
which an offender agrees to submit to random chemical analysis of
the offender's blood, breath, or urine to determine whether the
offender has ingested any alcohol or other drugs.

(K) "Drug treatment program" means any program under which a
person undergoes assessment and treatment designed to reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to receive assessment and
treatment on an outpatient basis or may be required to reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.

(L) "Economic loss" means any economic detriment suffered by
a victim as a direct and proximate result of the commission of an
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim, and any property loss,
medical cost, or funeral expense incurred as a result of the
commission of the offense. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.

(M) "Education or training" includes study at, or in
conjunction with a program offered by, a university, college, or
technical college or vocational study and also includes the
completion of primary school, secondary school, and literacy
curricula or their equivalent.

(N) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.

(O) "Halfway house" means a facility licensed by the division
of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the
Revised Code as a suitable facility for the care and treatment of
adult offenders.

(P) "House arrest" means a period of confinement of an
offender that is in the offender's home or in other premises
specified by the sentencing court or by the parole board pursuant
to section 2967.28 of the Revised Code and during which all of the
following apply:

(1) The offender is required to remain in the offender's home
or other specified premises for the specified period of
confinement, except for periods of time during which the offender
is at the offender's place of employment or at other premises as
authorized by the sentencing court or by the parole board.

(2) The offender is required to report periodically to a
person designated by the court or parole board.

(3) The offender is subject to any other restrictions and
requirements that may be imposed by the sentencing court or by the
parole board.

(Q) "Intensive probation supervision" means a requirement
that an offender maintain frequent contact with a person appointed
by the court, or by the parole board pursuant to section 2967.28
of the Revised Code, to supervise the offender while the offender
is seeking or maintaining necessary employment and participating
in training, education, and treatment programs as required in the
court's or parole board's order. "Intensive probation supervision"
includes intensive parole supervision and intensive post-release
control supervision.

(R) "Jail" means a jail, workhouse, minimum security jail, or
other residential facility used for the confinement of alleged or
convicted offenders that is operated by a political subdivision or
a combination of political subdivisions of this state.

(S) "Jail term" means the term in a jail that a sentencing
court imposes or is authorized to impose pursuant to section
2929.24 or 2929.25 of the Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.

(T) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section
2903.06 or division (D) of section 2903.08 of the Revised Code,
division (E) or (G) of section 2929.24 of the Revised Code,
division (B) of section 4510.14 of the Revised Code, or division
(G) of section 4511.19 of the Revised Code or pursuant to any
other provision of the Revised Code that requires a term in a jail
for a misdemeanor conviction.

(U) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.

(V) "License violation report" means a report that is made by
a sentencing court, or by the parole board pursuant to section
2967.28 of the Revised Code, to the regulatory or licensing board
or agency that issued an offender a professional license or a
license or permit to do business in this state and that specifies
that the offender has been convicted of or pleaded guilty to an
offense that may violate the conditions under which the offender's
professional license or license or permit to do business in this
state was granted or an offense for which the offender's
professional license or license or permit to do business in this
state may be revoked or suspended.

(W) "Major drug offender" means an offender who is convicted
of or pleads guilty to the possession of, sale of, or offer to
sell any drug, compound, mixture, preparation, or substance that
consists of or contains at least one thousand grams of hashish; at
least one hundred grams of cocaine; at least two thousand five
hundred unit doses or two hundred fifty grams of heroin; at least
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.
in a liquid concentrate, liquid extract, or liquid distillate
form; at least fifty grams of a controlled substance analog; or at
least one hundred times the amount of any other schedule I or II
controlled substance other than marihuana that is necessary to
commit a felony of the third degree pursuant to section 2925.03,
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on
the possession of, sale of, or offer to sell the controlled
substance.

(X) "Mandatory prison term" means any of the following:

(1) Subject to division (X)(2) of this section, the term in
prison that must be imposed for the offenses or circumstances set
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section
2929.13 and division (B) of section 2929.14 of the Revised Code.
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,
and 2925.11 of the Revised Code, unless the maximum or another
specific term is required under section 2929.14 or 2929.142 of the
Revised Code, a mandatory prison term described in this division
may be any prison term authorized for the level of offense.

(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree felony OVI offense pursuant to division (G)(2) of
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19
of the Revised Code or the term of one, two, three, four, or five
years in prison that a sentencing court is required to impose
pursuant to division (G)(2) of section 2929.13 of the Revised
Code.

(3) The term in prison imposed pursuant to division (A) of
section 2971.03 of the Revised Code for the offenses and in the
circumstances described in division (F)(11) of section 2929.13 of
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code and that term as modified or
terminated pursuant to section 2971.05 of the Revised Code.

(Y) "Monitored time" means a period of time during which an
offender continues to be under the control of the sentencing court
or parole board, subject to no conditions other than leading a
law-abiding life.

(Z) "Offender" means a person who, in this state, is
convicted of or pleads guilty to a felony or a misdemeanor.

(AA) "Prison" means a residential facility used for the
confinement of convicted felony offenders that is under the
control of the department of rehabilitation and correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.

(BB) "Prison term" includes either of the following sanctions
for an offender:

(1) A stated prison term;

(2) A term in a prison shortened by, or with the approval of,
the sentencing court pursuant to section 2929.143, 2929.20,
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.

(CC) "Repeat violent offender" means a person about whom both
of the following apply:

(1) The person is being sentenced for committing or for
complicity in committing any of the following:

(a) Aggravated murder, murder, any felony of the first or
second degree that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;

(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense described in division (CC)(1)(a) of this
section.

(2) The person previously was convicted of or pleaded guilty
to an offense described in division (CC)(1)(a) or (b) of this
section.

(DD) "Sanction" means any penalty imposed upon an offender
who is convicted of or pleads guilty to an offense, as punishment
for the offense. "Sanction" includes any sanction imposed pursuant
to any provision of sections 2929.14 to 2929.18 or 2929.24 to
2929.28 of the Revised Code.

(EE) "Sentence" means the sanction or combination of
sanctions imposed by the sentencing court on an offender who is
convicted of or pleads guilty to an offense.

(FF) "Stated prison term" means the prison term, mandatory
prison term, or combination of all prison terms and mandatory
prison terms imposed by the sentencing court pursuant to section
2929.14, 2929.142, or 2971.03 of the Revised Code or under section
2919.25 of the Revised Code. "Stated prison term" includes any
credit received by the offender for time spent in jail awaiting
trial, sentencing, or transfer to prison for the offense and any
time spent under house arrest or house arrest with electronic
monitoring imposed after earning credits pursuant to section
2967.193 of the Revised Code. If an offender is serving a prison
term as a risk reduction sentence under sections 2929.143 and
5120.036 of the Revised Code, "stated prison term" includes any
period of time by which the prison term imposed upon the offender
is shortened by the offender's successful completion of all
assessment and treatment or programming pursuant to those
sections.

(GG) "Victim-offender mediation" means a reconciliation or
mediation program that involves an offender and the victim of the
offense committed by the offender and that includes a meeting in
which the offender and the victim may discuss the offense, discuss
restitution, and consider other sanctions for the offense.

(HH) "Fourth degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the fourth degree.

(II) "Mandatory term of local incarceration" means the term
of sixty or one hundred twenty days in a jail, a community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony OVI offense pursuant to division (G)(1) of section 2929.13
of the Revised Code and division (G)(1)(d) or (e) of section
4511.19 of the Revised Code.

(KK) "Sexually oriented offense," "child-victim oriented
offense," and "tier III sex offender/child-victim offender" have
the same meanings as in section 2950.01 of the Revised Code.

(LL) An offense is "committed in the vicinity of a child" if
the offender commits the offense within thirty feet of or within
the same residential unit as a child who is under eighteen years
of age, regardless of whether the offender knows the age of the
child or whether the offender knows the offense is being committed
within thirty feet of or within the same residential unit as the
child and regardless of whether the child actually views the
commission of the offense.

(MM) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.

(NN) "Motor vehicle" and "manufactured home" have the same
meanings as in section 4501.01 of the Revised Code.

(OO) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.

(PP) "Third degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the third degree.

(QQ) "Random drug testing" has the same meaning as in section
5120.63 of the Revised Code.

(RR) "Felony sex offense" has the same meaning as in section
2967.28 of the Revised Code.

(SS) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.

(TT) "Electronic monitoring" means monitoring through the use
of an electronic monitoring device.

(UU) "Electronic monitoring device" means any of the
following:

(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:

(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (UU)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.

(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (UU)(1)(a) of this section, can transmit continuously
those signals by a wireless or landline telephone connection to a
central monitoring computer of the type described in division
(UU)(1)(c) of this section, and can transmit continuously an
appropriate signal to that central monitoring computer if the
device has been turned off or altered without prior court approval
or otherwise tampered with. The device is designed specifically
for use in electronic monitoring, is not a converted wireless
phone or another tracking device that is clearly not designed for
electronic monitoring, and provides a means of text-based or voice
communication with the person.

(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by a wireless or
landline telephone connection by a receiver of the type described
in division (UU)(1)(b) of this section and can monitor
continuously the person to whom an electronic monitoring device of
the type described in division (UU)(1)(a) of this section is
attached.

(2) Any device that is not a device of the type described in
division (UU)(1) of this section and that conforms with all of the
following:

(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.

(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.

(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.

(VV) "Non-economic loss" means nonpecuniary harm suffered by
a victim of an offense as a result of or related to the commission
of the offense, including, but not limited to, pain and suffering;
loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.

(WW) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.

(XX) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of the
location of the person who is being monitored.

(YY) A person is "adjudicated a sexually violent predator" if
the person is convicted of or pleads guilty to a violent sex
offense and also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the
indictment, count in the indictment, or information charging that
violent sex offense or if the person is convicted of or pleads
guilty to a designated homicide, assault, or kidnapping offense
and also is convicted of or pleads guilty to both a sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.

(ZZ) An offense is "committed in proximity to a school" if
the offender commits the offense in a school safety zone or within
five hundred feet of any school building or the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed in a school safety zone or within five
hundred feet of any school building or the boundaries of any
school premises.

(AAA) "Human trafficking" means a scheme or plan to which all
of the following apply:

(1) Its object is to subjectone or more of the following:

(a) To subject a victim or victims to involuntary servitude,
as defined in section 2905.31 of the Revised Code,or to compel a
victim or victims to engage in sexual activity for hire, to engage
in a performance that is obscene, sexually oriented, or nudity
oriented, or to be a model or participant in the production of
material that is obscene, sexually oriented, or nudity oriented;

(b) To facilitate, encourage, or recruit a victim who is less
than sixteen years of age or is a developmentally disabled person,
or victims who are less than sixteen years of age or are
developmentally disabled persons, for any purpose listed in
divisions (A)(2)(a) to (c) of section 2905.32 of the Revised Code;

(c) To facilitate, encourage, or recruit a victim who is
sixteen or seventeen years of age, or victims who are sixteen or
seventeen years of age, for any purpose listed in divisions
(A)(2)(a) to (c) of section 2905.32 of the Revised Code, if the
circumstances described in division (A)(5), (6), (7), (8), (9),
(10), (11), (12), or (13) of section 2907.03 of the Revised Code
apply with respect to the person engaging in the conduct and the
victim or victims.

(2) It involves at least two felony offenses, whether or not
there has been a prior conviction for any of the felony offenses,
to which all of the following apply:

(a) Each of the felony offenses is a violation of section
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),
(4), or (5) of section 2919.22 of the Revised Code or is a
violation of a law of any state other than this state that is
substantially similar to any of the sections or divisions of the
Revised Code identified in this division.

(b) At least one of the felony offenses was committed in this
state.

(c) The felony offenses are related to the same scheme or
plan and are not isolated instances.

(BBB) "Material," "nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section 2907.01 of
the Revised Code.

(CCC) "Material that is obscene, sexually oriented, or nudity
oriented" means any material that is obscene, that shows a person
participating or engaging in sexual activity, masturbation, or
bestiality, or that shows a person in a state of nudity.

(DDD) "Performance that is obscene, sexually oriented, or
nudity oriented" means any performance that is obscene, that shows
a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state of
nudity.

Sec. 2937.11. (A)(1) As used in divisions (B) and (C) of
this section, "victim" includes any person who was a victim of a
felony violation identified in division (B) of this section or a
felony offense of violence or against whom was directed any
conduct that constitutes, or that is an element of, a felony
violation identified in division (B) of this section or a felony
offense of violence.

(2) As used in division (D) of this section, "victim" means
any person who is less than sixteen years of age and who was a
victim of a violation of section 2905.32 of the Revised Code or
against whom was directed any conduct that constitutes, or is an
element of, a violation of section 2905.32 of the Revised Code.

(3) At the preliminary hearing set pursuant to section
2937.10 of the Revised Code and the Criminal Rules, the prosecutor
may state, but is not required to state, orally the case for the
state and shall then proceed to examine witnesses and introduce
exhibits for the state. The accused and the magistrate have full
right of cross examination, and the accused has the right of
inspection of exhibits prior to their introduction. The hearing
shall be conducted under the rules of evidence prevailing in
criminal trials generally. On motion of either the state or the
accused, witnesses shall be separated and not permitted in the
hearing room except when called to testify.

(B) In a case involving an alleged felony violation of
section 2905.05, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05,
2907.21, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
or 2919.22 of the Revised Code or an alleged felony offense of
violence and in which an alleged victim of the alleged violation
or offense was less than thirteen years of age when the complaint
or information was filed, whichever occurred earlier, upon motion
of the prosecution, the testimony of the child victim at the
preliminary hearing may be taken in a room other than the room in
which the preliminary hearing is being conducted and be televised,
by closed circuit equipment, into the room in which the
preliminary hearing is being conducted, in accordance with
division (C) of section 2945.481 of the Revised Code.

(C) In a case involving an alleged felony violation listed in
division (B) of this section or an alleged felony offense of
violence and in which an alleged victim of the alleged violation
or offense was less than thirteen years of age when the complaint
or information was filed, whichever occurred earlier, the court,
on written motion of the prosecutor in the case filed at least
three days prior to the hearing, shall order that all testimony of
the child victim be recorded and preserved on videotape, in
addition to being recorded for purposes of the transcript of the
proceeding. If such an order is issued, it shall specifically
identify the child victim concerning whose testimony it pertains,
apply only during the testimony of the child victim it
specifically identifies, and apply to all testimony of the child
victim presented at the hearing, regardless of whether the child
victim is called as a witness by the prosecution or by the
defense.

(D)(1)(a) In a case involving an alleged violation of section
2905.32 of the Revised Code, upon motion of the prosecution, the
testimony of the victim at the preliminary hearing may be taken in
a place or room other than the room in which the preliminary
hearing is being conducted and be televised, by closed circuit
equipment, into the room in which the preliminary hearing is being
conducted, to be viewed by the accused and any other persons who
are not permitted in the room in which the testimony is to be
taken but who would have been present during the testimony of the
victim had it been given in the room in which the preliminary
hearing is being conducted. Except for good cause shown, the
prosecution shall file a motion under this division at least seven
days before the date of the preliminary hearing.

(b) Upon the motion of the prosecution filed under division
(D)(1)(a) of this section and if the judge or magistrate
determines that the victim is unavailable to testify in the room
in which the preliminary hearing is being conducted in the
physical presence of the accused for one or more of the reasons
set forth in division (D)(2) of this section, the judge or
magistrate may issue an order for the testimony of the victim to
be taken in a place or room other than the room in which the
preliminary hearing is being conducted and televised, by closed
circuit equipment, into the room in which the preliminary hearing
is being conducted. If a judge or magistrate issues an order of
that nature, the judge or magistrate shall exclude from the room
in which the testimony of the victim is to be taken every person
except the following:

(i) The victim giving the testimony;

(ii) The judge or magistrate;

(iii) One or more interpreters if needed;

(iv) The attorneys for the prosecution and the defense;

(v) Any person needed to operate the equipment to be used;

(vi) One person chosen by the victim giving the testimony;

(vii) Any person whose presence the judge or magistrate
determines would contribute to the welfare and well-being of the
victim giving the testimony.

(c) The person chosen by the victim under division
(D)(1)(b)(vi) of this section shall not be a witness in the
preliminary hearing and, both before and during the testimony,
shall not discuss the testimony of the victim with any other
witness in the preliminary hearing.

(d) The judge or magistrate, at the judge's or magistrate's
discretion, may preside during the giving of the testimony by
electronic means from outside the room in which it is being given,
subject to the limitations set forth in this division. If the
judge or magistrate presides by electronic means, the judge or
magistrate shall be provided with monitors on which the judge or
magistrate can see each person in the room in which the testimony
is to be taken and with an electronic means of communication with
each person, and each person in the room shall be provided with a
monitor on which that person can see the judge or magistrate and
with an electronic means of communication with the judge or
magistrate. To the extent feasible, any person operating the
televising equipment shall be restricted to a room adjacent to the
room in which the testimony is being taken, or to a location in
the room in which the testimony is being taken that is behind a
screen or mirror, so that the person operating the televising
equipment can see and hear, but cannot be seen or heard by, the
victim giving the testimony during the testimony. The accused
shall be permitted to observe and hear the testimony of the victim
giving the testimony on a monitor, shall be provided with an
electronic means of immediate communication with the attorney of
the accused during the testimony, and shall be restricted to a
location from which the accused cannot be seen or heard by the
victim giving the testimony, except on a monitor provided for that
purpose. The accused and the judge or magistrate have full right
of cross examination, and the accused has the right of inspection
of exhibits prior to their introduction. The victim giving the
testimony shall be provided with a monitor on which the victim can
observe the accused during the testimony.

(2) For purposes of division (D)(1) of this section, a judge
or magistrate may order the testimony of a victim to be taken at a
place or room outside the room in which the preliminary hearing is
being conducted if the judge or magistrate determines that the
victim is unavailable to testify in the room in the physical
presence of the accused due to one or more of the following:

(a) The inability of the victim to communicate about the
alleged offense because of extreme fear, severe trauma, or another
similar reason;

(b) The substantial likelihood that the victim will suffer
serious emotional trauma from so testifying;

(c) The victim is at a hospital for care and treatment for
any physical, mental, or emotional injury suffered by reason of
the alleged offense.

Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:

(A) "Sexually oriented offense" means any of the following
violations or offenses committed by a person, regardless of the
person's age:

(2) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;

(3) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;

(4) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;

(5) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;

(6) A violation of division (A)(3) of section 2903.211 of the
Revised Code;

(7) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;

(8) A violation of division (A)(4) of section 2905.01 of the
Revised Code;

(9) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;

(10) A violation of division (B) of section 2903.03, of
division (B) of section 2905.02, of division (B) of section
2905.03, of division (B) of section 2905.05, or of division (B)(5)
of section 2919.22 of the Revised Code;

(11) A violation of section 2905.32 of the Revised Code when
any of the following applies:

(a) The violation is a violation of division (A)(1) of that
section and the offender knowingly recruited, lured, enticed,
isolated, harbored, transported, provided, obtained, or
maintained, or knowingly attempted to recruit, lure, entice,
isolate, harbor, transport, provide, obtain, or maintain, another
person knowing that the person would be compelled to engage in
sexual activity for hire, engage in a performance that was
obscene, sexually oriented, or nudity oriented, or be a model or
participant in the production of material that was obscene,
sexually oriented, or nudity oriented;.

(b) The violation is a violation of division (A)(2) of that
section and the offender knowingly recruited, lured, enticed,
isolated, harbored, transported, provided, obtained, or
maintained, or knowingly attempted to recruit, lure, entice,
isolate, harbor, transport, provide, obtain, or maintain a person
who is less than sixteen years of age or is a developmentally
disabled person whom the offender knows or has reasonable cause to
believe is a developmentally disabled person for any purpose
listed in divisions (A)(2)(a) to (c) of that section.

(c) The violation is a violation of division (A)(3) of that
section, the offender knowingly recruited, lured, enticed,
isolated, harbored, transported, provided, obtained, or
maintained, or knowingly attempted to recruit, lure, entice,
isolate, harbor, transport, provide, obtain, or maintain a person
who is sixteen or seventeen years of age for any purpose listed in
divisions (A)(2)(a) to (c) of that section, and the circumstances
described in division (A)(5), (6), (7), (8), (9), (10), (11),
(12), or (13) of section 2907.03 of the Revised Code apply with
respect to the offender and the other person.

(12) A violation of any former law of this state, any
existing or former municipal ordinance or law of another state or
the United States, any existing or former law applicable in a
military court or in an Indian tribal court, or any existing or
former law of any nation other than the United States that is or
was substantially equivalent to any offense listed in division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of
this section;

(13) A violation of division (A)(3) of section 2907.24 of the
Revised Code;

(14) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (A)(1),
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12), or
(13) of this section.

(B)(1) "Sex offender" means, subject to division (B)(2) of
this section, a person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing any sexually oriented offense.

(2) "Sex offender" does not include a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing a sexually oriented
offense if the offense involves consensual sexual conduct or
consensual sexual contact and either of the following applies:

(a) The victim of the sexually oriented offense was eighteen
years of age or older and at the time of the sexually oriented
offense was not under the custodial authority of the person who is
convicted of, pleads guilty to, has been convicted of, has pleaded
guilty to, is adjudicated a delinquent child for committing, or
has been adjudicated a delinquent child for committing the
sexually oriented offense.

(b) The victim of the offense was thirteen years of age or
older, and the person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing the sexually oriented offense is
not more than four years older than the victim.

(C) "Child-victim oriented offense" means any of the
following violations or offenses committed by a person, regardless
of the person's age, when the victim is under eighteen years of
age and is not a child of the person who commits the violation:

(1) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the violation is not
included in division (A)(7) of this section;

(2) A violation of division (A) of section 2905.02, division
(A) of section 2905.03, or division (A) of section 2905.05 of the
Revised Code;

(3) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division (C)(1)
or (2) of this section;

(4) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (C)(1),
(2), or (3) of this section.

(D) "Child-victim offender" means a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing any child-victim
oriented offense.

(E) "Tier I sex offender/child-victim offender" means any of
the following:

(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:

(a) A violation of section 2907.06, 2907.07, 2907.08,
2907.22, or 2907.32 of the Revised Code;

(b) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;

(c) A violation of division (A)(1), (2), (3), or (5) of
section 2907.05 of the Revised Code;

(d) A violation of division (A)(3) of section 2907.323 of the
Revised Code;

(e) A violation of division (A)(3) of section 2903.211, of
division (B) of section 2905.03, or of division (B) of section
2905.05 of the Revised Code;

(f) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States, that is or was
substantially equivalent to any offense listed in division
(E)(1)(a), (b), (c), (d), or (e) of this section;

(g) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (E)(1)(a),
(b), (c), (d), (e), or (f) of this section.

(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to a
child-victim oriented offense and who is not within either
category of child-victim offender described in division (F)(2) or
(G)(2) of this section.

(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier I sex offender/child-victim
offender relative to the offense.

(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and who a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier I sex
offender/child-victim offender relative to the offense.

(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:

(a) A violation of section 2907.21, 2907.321, or 2907.322 of
the Revised Code;

(b) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct, or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or
former section 2907.12 of the Revised Code;

(c) A violation of division (A)(4) of section 2907.05, of
division (A)(3) of section 2907.24, or of division (A)(1) or (2)
of section 2907.323 of the Revised Code;

(d) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;

(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is eighteen years of
age or older;

(f) A violation of division (B) of section 2905.02 or of
division (B)(5) of section 2919.22 of the Revised Code;

(g) A violation of section 2905.32 of the Revised Code when
the offender knowingly recruited, lured, enticed, isolated,
harbored, transported, provided, obtained, or maintained, or
knowingly attempted to recruit, lure, entice, isolate, harbor,
transport, provide, obtain, or maintain, another person knowing
that the person would be compelled to engage in sexual activity
for hire, engage in a performance that was obscene, sexually
oriented, or nudity oriented, or be a model or participant in the
production of material that was obscene, sexually oriented, or
nudity orientedthat is described in division (A)(11)(a), (b), or
(c) of this section;

(h) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;

(i) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (F)(1)(a),
(b), (c), (d), (e), (f), (g), or (h) of this section;

(j) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or has been adjudicated a delinquent child for committing any
sexually oriented offense or child-victim oriented offense for
which the offender was classified a tier I sex
offender/child-victim offender.

(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier I sex offender/child-victim offender.

(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier II sex offender/child-victim
offender relative to the offense.

(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier II sex
offender/child-victim offender relative to the current offense.

(5) A sex offender or child-victim offender who is not in any
category of tier II sex offender/child-victim offender set forth
in division (F)(1), (2), (3), or (4) of this section, who prior to
January 1, 2008, was adjudicated a delinquent child for committing
a sexually oriented offense or child-victim oriented offense, and
who prior to that date was determined to be a habitual sex
offender or determined to be a habitual child-victim offender,
unless either of the following applies:

(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.

(b) A juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.

(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:

(a) A violation of section 2907.02 or 2907.03 of the Revised
Code;

(b) A violation of division (B) of section 2907.05 of the
Revised Code;

(c) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;

(d) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;

(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age;

(f) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;

(g) A violation of division (B) of section 2903.03 of the
Revised Code;

(h) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division
(G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;

(i) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (G)(1)(a),
(b), (c), (d), (e), (f), (g), or (h) of this section;

(j) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or been adjudicated a delinquent child for committing any sexually
oriented offense or child-victim oriented offense for which the
offender was classified a tier II sex offender/child-victim
offender or a tier III sex offender/child-victim offender.

(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier II sex offender/child-victim offender or a tier
III sex offender/child-victim offender.

(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier III sex offender/child-victim
offender relative to the offense.

(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier III sex
offender/child-victim offender relative to the current offense.

(5) A sex offender or child-victim offender who is not in any
category of tier III sex offender/child-victim offender set forth
in division (G)(1), (2), (3), or (4) of this section, who prior to
January 1, 2008, was convicted of or pleaded guilty to a sexually
oriented offense or child-victim oriented offense or was
adjudicated a delinquent child for committing a sexually oriented
offense or child-victim oriented offense and classified a juvenile
offender registrant, and who prior to that date was adjudicated a
sexual predator or adjudicated a child-victim predator, unless
either of the following applies:

(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.

(b) The sex offender or child-victim offender is a delinquent
child, and a juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.

(6) A sex offender who is convicted of, pleads guilty to, was
convicted of, or pleaded guilty to a sexually oriented offense, if
the sexually oriented offense and the circumstances in which it
was committed are such that division (F) of section 2971.03 of the
Revised Code automatically classifies the offender as a tier III
sex offender/child-victim offender;

(7) A sex offender or child-victim offender who is convicted
of, pleads guilty to, was convicted of, pleaded guilty to, is
adjudicated a delinquent child for committing, or was adjudicated
a delinquent child for committing a sexually oriented offense or
child-victim offense in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States if both of the following
apply:

(a) Under the law of the jurisdiction in which the offender
was convicted or pleaded guilty or the delinquent child was
adjudicated, the offender or delinquent child is in a category
substantially equivalent to a category of tier III sex
offender/child-victim offender described in division (G)(1), (2),
(3), (4), (5), or (6) of this section.

(b) Subsequent to the conviction, plea of guilty, or
adjudication in the other jurisdiction, the offender or delinquent
child resides, has temporary domicile, attends school or an
institution of higher education, is employed, or intends to reside
in this state in any manner and for any period of time that
subjects the offender or delinquent child to a duty to register or
provide notice of intent to reside under section 2950.04 or
2950.041 of the Revised Code.

(H) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
or 2929.26 of the Revised Code.

(I) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.

(J) "Supervised release" means a release of an offender from
a prison term, a term of imprisonment, or another type of
confinement that satisfies either of the following conditions:

(1) The release is on parole, a conditional pardon, under a
community control sanction, under transitional control, or under a
post-release control sanction, and it requires the person to
report to or be supervised by a parole officer, probation officer,
field officer, or another type of supervising officer.

(2) The release is any type of release that is not described
in division (J)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer.

(L) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.

(M) "Juvenile offender registrant" means a person who is
adjudicated a delinquent child for committing on or after January
1, 2002, a sexually oriented offense or a child-victim oriented
offense, who is fourteen years of age or older at the time of
committing the offense, and who a juvenile court judge, pursuant
to an order issued under section 2152.82, 2152.83, 2152.84,
2152.85, or 2152.86 of the Revised Code, classifies a juvenile
offender registrant and specifies has a duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code. "Juvenile offender registrant" includes a person who prior
to January 1, 2008, was a "juvenile offender registrant" under the
definition of the term in existence prior to January 1, 2008, and
a person who prior to July 31, 2003, was a "juvenile sex offender
registrant" under the former definition of that former term.

(N) "Public registry-qualified juvenile offender registrant"
means a person who is adjudicated a delinquent child and on whom a
juvenile court has imposed a serious youthful offender
dispositional sentence under section 2152.13 of the Revised Code
before, on, or after January 1, 2008, and to whom all of the
following apply:

(1) The person is adjudicated a delinquent child for
committing, attempting to commit, conspiring to commit, or
complicity in committing one of the following acts:

(a) A violation of section 2907.02 of the Revised Code,
division (B) of section 2907.05 of the Revised Code, or section
2907.03 of the Revised Code if the victim of the violation was
less than twelve years of age;

(b) A violation of section 2903.01, 2903.02, or 2905.01 of
the Revised Code that was committed with a purpose to gratify the
sexual needs or desires of the child;

(c) A violation of division (B) of section 2903.03 of the
Revised Code.

(2) The person was fourteen, fifteen, sixteen, or seventeen
years of age at the time of committing the act.

(3) A juvenile court judge, pursuant to an order issued under
section 2152.86 of the Revised Code, classifies the person a
juvenile offender registrant, specifies the person has a duty to
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised
Code, and classifies the person a public registry-qualified
juvenile offender registrant, and the classification of the person
as a public registry-qualified juvenile offender registrant has
not been terminated pursuant to division (D) of section 2152.86 of
the Revised Code.

(O) "Secure facility" means any facility that is designed and
operated to ensure that all of its entrances and exits are locked
and under the exclusive control of its staff and to ensure that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.

(P) "Out-of-state juvenile offender registrant" means a
person who is adjudicated a delinquent child in a court in another
state, in a federal court, military court, or Indian tribal court,
or in a court in any nation other than the United States for
committing a sexually oriented offense or a child-victim oriented
offense, who on or after January 1, 2002, moves to and resides in
this state or temporarily is domiciled in this state for more than
five days, and who has a duty under section 2950.04 or 2950.041 of
the Revised Code to register in this state and the duty to
otherwise comply with that applicable section and sections 2950.05
and 2950.06 of the Revised Code. "Out-of-state juvenile offender
registrant" includes a person who prior to January 1, 2008, was an
"out-of-state juvenile offender registrant" under the definition
of the term in existence prior to January 1, 2008, and a person
who prior to July 31, 2003, was an "out-of-state juvenile sex
offender registrant" under the former definition of that former
term.

(Q) "Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15)
of section 2151.23 of the Revised Code.

(R) "Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense.

(S) "School" and "school premises" have the same meanings as
in section 2925.01 of the Revised Code.

(T) "Residential premises" means the building in which a
residential unit is located and the grounds upon which that
building stands, extending to the perimeter of the property.
"Residential premises" includes any type of structure in which a
residential unit is located, including, but not limited to,
multi-unit buildings and mobile and manufactured homes.

(U) "Residential unit" means a dwelling unit for residential
use and occupancy, and includes the structure or part of a
structure that is used as a home, residence, or sleeping place by
one person who maintains a household or two or more persons who
maintain a common household. "Residential unit" does not include a
halfway house or a community-based correctional facility.

(V) "Multi-unit building" means a building in which is
located more than twelve residential units that have entry doors
that open directly into the unit from a hallway that is shared
with one or more other units. A residential unit is not considered
located in a multi-unit building if the unit does not have an
entry door that opens directly into the unit from a hallway that
is shared with one or more other units or if the unit is in a
building that is not a multi-unit building as described in this
division.

(W) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(X) "Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 of the
Revised Code.

Sec. 2951.041. (A)(1) If an offender is charged with a
criminal offense, including but not limited to a violation of
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of
the Revised Code, and the court has reason to believe that drug or
alcohol usage by the offender was a factor leading to the criminal
offense with which the offender is charged or that, at the time of
committing that offense, the offender had a mental illness or, was
a person with intellectual disability, or was a victim of a
violation of section 2905.32 of the Revised Code and that the
mental illness
or, status as a person with intellectual
disability, or fact that the offender was a victim of a violation
of section 2905.32 of the Revised Code was a factor leading to the
offender's criminal behavior, the court may accept, prior to the
entry of a guilty plea, the offender's request for intervention in
lieu of conviction. The request shall include a statement from the
offender as to whether the offender is alleging that drug or
alcohol usage by the offender was a factor leading to the criminal
offense with which the offender is charged or is alleging that, at
the time of committing that offense, the offender had a mental
illness or, was a person with intellectual disability, or was a
victim of a violation of section 2905.32 of the Revised Code and
that the mental illness or, status as a person with intellectual
disability, or fact that the offender was a victim of a violation
of section 2905.32 of the Revised Code was a factor leading to the
criminal offense with which the offender is charged. The request
also shall include a waiver of the defendant's right to a speedy
trial, the preliminary hearing, the time period within which the
grand jury may consider an indictment against the offender, and
arraignment, unless the hearing, indictment, or arraignment has
already occurred. The court may reject an offender's request
without a hearing. If the court elects to consider an offender's
request, the court shall conduct a hearing to determine whether
the offender is eligible under this section for intervention in
lieu of conviction and shall stay all criminal proceedings pending
the outcome of the hearing. If the court schedules a hearing, the
court shall order an assessment of the offender for the purpose of
determining the offender's eligibility for intervention in lieu of
conviction and recommending an appropriate intervention plan.

If the offender alleges that drug or alcohol usage by the
offender was a factor leading to the criminal offense with which
the offender is charged, the court may order that the offender be
assessed by an addiction services provider certified pursuant to
section 5119.36 of the Revised Code or a properly credentialed
professional for the purpose of determining the offender's
eligibility for intervention in lieu of conviction and
recommending an appropriate intervention plan. The addiction
services provider or the properly credentialed professional shall
provide a written assessment of the offender to the court.

(2) The victim notification provisions of division (C) of
section 2930.08 of the Revised Code apply in relation to any
hearing held under division (A)(1) of this section.

(B) An offender is eligible for intervention in lieu of
conviction if the court finds all of the following:

(1) The offender previously has not been convicted of or
pleaded guilty to a felony offense of violence or previously has
been convicted of or pleaded guilty to any felony that is not an
offense of violence and the prosecuting attorney recommends that
the offender be found eligible for participation in intervention
in lieu of treatment under this section, previously has not been
through intervention in lieu of conviction under this section or
any similar regimen, and is charged with a felony for which the
court, upon conviction, would impose a community control sanction
on the offender under division (B)(2) of section 2929.13 of the
Revised Code or with a misdemeanor.

(2) The offense is not a felony of the first, second, or
third degree, is not an offense of violence, is not a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code, is
not a violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a violation of division (A) of section
4511.19 of the Revised Code or a municipal ordinance that is
substantially similar to that division, and is not an offense for
which a sentencing court is required to impose a mandatory prison
term, a mandatory term of local incarceration, or a mandatory term
of imprisonment in a jail.

(3) The offender is not charged with a violation of section
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged
with a violation of section 2925.03 of the Revised Code that is a
felony of the first, second, third, or fourth degree, and is not
charged with a violation of section 2925.11 of the Revised Code
that is a felony of the first, second, or third degree.

(4) If an offender alleges that drug or alcohol usage by the
offender was a factor leading to the criminal offense with which
the offender is charged, the court has ordered that the offender
be assessed by an addiction services provider certified pursuant
to section 5119.36 of the Revised Code or a properly credentialed
professional for the purpose of determining the offender's
eligibility for intervention in lieu of conviction and
recommending an appropriate intervention plan, the offender has
been assessed by an addiction services provider of that nature or
a properly credentialed professional in accordance with the
court's order, and the addiction services provider or properly
credentialed professional has filed the written assessment of the
offender with the court.

(5) If an offender alleges that, at the time of committing
the criminal offense with which the offender is charged, the
offender had a mental illness or, was a person with intellectual
disability, or was a victim of a violation of section 2905.32 of
the Revised Code and that the mental illness or, status as a
person with intellectual disability, or fact that the offender was
a victim of a violation of section 2905.32 of the Revised Code was
a factor leading to that offense, the offender has been assessed
by a psychiatrist, psychologist, independent social worker,
licensed professional clinical counselor, or independent marriage
and family therapist for the purpose of determining the offender's
eligibility for intervention in lieu of conviction and
recommending an appropriate intervention plan.

(6) The offender's drug usage, alcohol usage, mental illness,
or intellectual disability, or the fact that the offender was a
victim of a violation of section 2905.32 of the Revised Code,
whichever is applicable, was a factor leading to the criminal
offense with which the offender is charged, intervention in lieu
of conviction would not demean the seriousness of the offense, and
intervention would substantially reduce the likelihood of any
future criminal activity.

(7) The alleged victim of the offense was not sixty-five
years of age or older, permanently and totally disabled, under
thirteen years of age, or a peace officer engaged in the officer's
official duties at the time of the alleged offense.

(8) If the offender is charged with a violation of section
2925.24 of the Revised Code, the alleged violation did not result
in physical harm to any person, and the offender previously has
not been treated for drug abuse.

(9) The offender is willing to comply with all terms and
conditions imposed by the court pursuant to division (D) of this
section.

(10) The offender is not charged with an offense that would
result in the offender being disqualified under Chapter 4506. of
the Revised Code from operating a commercial motor vehicle or
would subject the offender to any other sanction under that
chapter.

(C) At the conclusion of a hearing held pursuant to division
(A) of this section, the court shall enter its determination as to
whether the offender is eligible for intervention in lieu of
conviction and as to whether to grant the offender's request. If
the court finds under division (B) of this section that the
offender is eligible for intervention in lieu of conviction and
grants the offender's request, the court shall accept the
offender's plea of guilty and waiver of the defendant's right to a
speedy trial, the preliminary hearing, the time period within
which the grand jury may consider an indictment against the
offender, and arraignment, unless the hearing, indictment, or
arraignment has already occurred. In addition, the court then may
stay all criminal proceedings and order the offender to comply
with all terms and conditions imposed by the court pursuant to
division (D) of this section. If the court finds that the offender
is not eligible or does not grant the offender's request, the
criminal proceedings against the offender shall proceed as if the
offender's request for intervention in lieu of conviction had not
been made.

(D) If the court grants an offender's request for
intervention in lieu of conviction, the court shall place the
offender under the general control and supervision of the county
probation department, the adult parole authority, or another
appropriate local probation or court services agency, if one
exists, as if the offender was subject to a community control
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the
Revised Code. The court shall establish an intervention plan for
the offender. The terms and conditions of the intervention plan
shall require the offender, for at least one year from the date on
which the court grants the order of intervention in lieu of
conviction, to abstain from the use of illegal drugs and alcohol,
to participate in treatment and recovery support services, and to
submit to regular random testing for drug and alcohol use and may
include any other treatment terms and conditions, or terms and
conditions similar to community control sanctions, which may
include community service or restitution, that are ordered by the
court.

(E) If the court grants an offender's request for
intervention in lieu of conviction and the court finds that the
offender has successfully completed the intervention plan for the
offender, including the requirement that the offender abstain from
using illegal drugs and alcohol for a period of at least one year
from the date on which the court granted the order of intervention
in lieu of conviction, the requirement that the offender
participate in treatment and recovery support services, and all
other terms and conditions ordered by the court, the court shall
dismiss the proceedings against the offender. Successful
completion of the intervention plan and period of abstinence under
this section shall be without adjudication of guilt and is not a
criminal conviction for purposes of any disqualification or
disability imposed by law and upon conviction of a crime, and the
court may order the sealing of records related to the offense in
question in the manner provided in sections 2953.31 to 2953.36 of
the Revised Code.

(F) If the court grants an offender's request for
intervention in lieu of conviction and the offender fails to
comply with any term or condition imposed as part of the
intervention plan for the offender, the supervising authority for
the offender promptly shall advise the court of this failure, and
the court shall hold a hearing to determine whether the offender
failed to comply with any term or condition imposed as part of the
plan. If the court determines that the offender has failed to
comply with any of those terms and conditions, it shall enter a
finding of guilty and shall impose an appropriate sanction under
Chapter 2929. of the Revised Code. If the court sentences the
offender to a prison term, the court, after consulting with the
department of rehabilitation and correction regarding the
availability of services, may order continued court-supervised
activity and treatment of the offender during the prison term and,
upon consideration of reports received from the department
concerning the offender's progress in the program of activity and
treatment, may consider judicial release under section 2929.20 of
the Revised Code.

(G) As used in this section:

(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(2) "Intervention in lieu of conviction" means any
court-supervised activity that complies with this section.

(3) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.

(4) "Mental illness" and "psychiatrist" have the same
meanings as in section 5122.01 of the Revised Code.

(5) "Person with intellectual disability" means a person
having significantly subaverage general intellectual functioning
existing concurrently with deficiencies in adaptive behavior,
manifested during the developmental period.

(6) "Psychologist" has the same meaning as in section 4732.01
of the Revised Code.

(H) Whenever the term "mentally retarded person" is used in
any statute, rule, contract, grant, or other document, the
reference shall be deemed to include a "person with intellectual
disability," as defined in this section.

Sec. 3319.073. (A) The board of education of each city and
exempted village school district and the governing board of each
educational service center shall adopt or adapt the curriculum
developed by the department of education for, or shall develop in
consultation with public or private agencies or persons involved
in child abuse prevention or intervention programs, a program of
in-service training in the prevention of child abuse, violence,
and substance abuse and the promotion of positive youth
development. Each person employed by any school district or
service center to work in a school as a nurse, teacher, counselor,
school psychologist, or administrator shall complete at least four
hours of the in-service training within two years of commencing
employment with the district or center, and every five years
thereafter. A person who is employed by any school district or
service center to work in an elementary school as a nurse,
teacher, counselor, school psychologist, or administrator on March
30, 2007, shall complete at least four hours of the in-service
training not later than March 30, 2009, and every five years
thereafter. A person who is employed by any school district or
service center to work in a middle or high school as a nurse,
teacher, counselor, school psychologist, or administrator on
October 16, 2009, shall complete at least four hours of the
in-service training not later than October 16, 2011, and every
five years thereafter.

(B) Each board shall incorporate training in school safety
and violence prevention, including human trafficking content,,
including human trafficking content, into the in-service training
required by division (A) of this section. For this purpose, the
board shall adopt or adapt the curriculum developed by the
department or shall develop its own curriculum in consultation
with public or private agencies or persons involved in school
safety and violence prevention programs.

(C) Each board shall incorporate training on the board's
harassment, intimidation, or bullying policy adopted under section
3313.666 of the Revised Code into the in-service training required
by division (A) of this section. Each board also shall incorporate
training in the prevention of dating violence into the in-service
training required by that division for middle and high school
employees. The board shall develop its own curricula for these
purposes.

(D) Each board shall incorporate training in youth suicide
awareness and prevention into the in-service training required by
division (A) of this section for each person employed by a school
district or service center to work in a school as a nurse,
teacher, counselor, school psychologist, or administrator, and any
other personnel that the board determines appropriate. For this
purpose, the board shall adopt or adapt the curriculum developed
by the department or shall develop its own curriculum in
consultation with public or private agencies or persons involved
in youth suicide awareness and prevention programs.

The training completed under this division shall count toward
the satisfaction of requirements for professional development
required by the school district or service center board, and the
training may be accomplished through self-review of suitable
suicide prevention materials approved by the board.

Section 3. If any provision of a section in this bill or the
application of any such provision to any person or circumstances
is held invalid, the invalidity does not affect any other
provision or application of the section or of any other section in
this bill that can be given effect without the invalid provision
or application, and to this end the provisions are severable.

Section 4. The changes made by this act to sections 2901.13,
2907.22, and 3319.073 of the Revised Code are not intended to be
new changes, but are intended to confirm and continue the changes
to those sections that were made in Am. Sub. H.B. 59 of the 130th
General Assembly, the validity of which might be called into
question. The changes made by this act to those sections do not
supersede or repeal the changes to those sections that were made
in Am. Sub. H.B. 59 of the 130th General Assembly, are a
continuation of the changes to those sections that were made in
that act, and do not replace the changes to those sections that
were made in that act unless the changes to those sections made in
that act are invalidated.

Section 5. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
minors are particularly vulnerable to becoming victims of the
offenses described in this act. Therefore this act shall go into
immediate effect.